With some exceptions, every parent is obligated to provide for the support of a child
Parties are able to agree to many aspects of child support including the amount of child support to be paid. However, the Court always maintains jurisdiction for a minor to determine child support initially and thereafter to re-visit the issue upon a “material change in circumstances.”
Child support is calculated in Virginia with several key variables and then subject to adjustment by additional factors. The Virginia child support guidelines, which are codified into law, provide a matrix for calculating child support with the consideration of variables including: (a) number of children, (b) gross incomes of the parties, (c) which party is the custodian of the child,(d) how many days the “non custodian party has a child (0 to 90 days is per year if calculated on the sole guidelines and 90+ is calculated on the shared guidelines), (e) the cost of health insurance and (f) the cost of any reasonable “work related” child care among others.
With the foregoing variables, it is possible to calculate the “Presumptive” child support amount or obligation. That presumptive child support amount is the amount of child support that is presumptively correct and the amount that will be ordered unless otherwise overcome by other evidence. For instance, the presumptive child support can be increased or decreased through the application of a “deviation” which may be by agreement or by a finding by the court that such is in the best interests of the child.
The right law firm and lawyer can make the difference
However, child support can appear deceptively simple to the ill informed. Oftentimes, child support becomes disputed because the parties cannot or will not agree to the key variables and/or deviation. For instance, the parties may not be able to agree on the amount of their respective gross incomes (ex. one party may claim that income is really not income or may not disclose income or may claim that income earned is no longer going to be earned, or may be willfully unemployed or underemployed, etc). Or, the issue of work related child care may come into dispute with one party claiming such care is not required, too expensive or unreasonable or not “work related” etc.). Or, the parties may disagree as to any proposed “deviation”. In such events, it takes a skilled attorney to advance a client’s case and successfully advocate for a client’s position
At the Law Office of William R. F. Conners, P.C., our firm is experienced at handling complex child support matters. Whether it is establishing the existence and nature of undeclared income leading to an increase in child support for a recipient or defending a payor client against a claim of child support based on wholly unrealistic expectations of the recipient, we are able to leverage our vast array of legal knowledge and strategic tools to best represent our clients.
The court will award child support based on numerous factors that weigh the best interests of the child. In order to build a convincing case and best represent you, the Law Office of William R. F. Conners, P.C. will evaluate the following critical factors:
- Actual monetary support for other family members or former family members;
- Arrangements regarding custody of the children, including the cost of visitation travel;
- Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
- Debts of either party arising during the marriage for the benefit of the child;
- Direct payments ordered by the court for maintaining life insurance coverage pursuant to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child;
- Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
- Any special needs of a child resulting from any physical, emotional, or medical condition;
- Independent financial resources of the child or children;
- Standard of living for the child or children established during the marriage;
- Earning capacity, obligations, financial resources, and special needs of each parent;
- Provisions made with regard to the marital property under 20-107.3, where said property earns income or has an income-earning potential;
- Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
- A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
- Such other factors as are necessary to consider the equities for the parents and children.
As in most family law cases, the critical difference in prevailing is often being the party who best conveys their case- child support cases are no different. To do so, it is crucial that you have an attorney who is committed to fully understanding the financial aspects involved and is willing to go that extra step in pursuit of evidence that will carry the day. Our legal knowledge, experience and court room skills are leveraged to convey your position in a manner that can best achieve your goals.